MADHAV SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS writ petition preferred under Articles 226 and 227 of the Constitution of India is directed against the order dated 2-11-99 and the order on application for review arising out of the order in O. A. No. 2255/1997 passed by the Member (A), S. A. T. for brevity the Tribunal.

(2.) THE facts, in brief, are that the petitioner was a clerk in the service of the State of M. P. and had completed 34 years tenure. The petitioner was subjected to Medical Board which recommended that he was unfit to work. Consequently the petitioner was made to retire w. e. f. 30-10-94. His pension has been determined under the provisions of M. P. Civil Services (Pension) Rules, 1976. The petitioner filed O. A. No. 2255/97 before the Tribunal contending inter alia, that the pension ought to have been determined with reference to Rule 35 of M. P. Civil Services (Pension) Rules, 1976.

(3.) THE stand of the petitioner was combatted on the base that under Rule 43 (4) of the M. P. Civil Services (Pension) Rules, 1976 in no case a pension in excess of the maximum prescribed under the Rule could be allowed, and the petitioner having completed qualifying service for superannuation, i. e. , 34 years tenure, though retired on medical unfitness, could not have been granted the invalid pension under Rule 35.